Pennsylvania College Student Defense: Stalking Crimes

Students attending Pennsylvania colleges or universities enjoy top-tier education from a myriad of world-renowned institutions in the northeastern commonwealth. For instance, public schools like Penn State and the University of Pennsylvania or private colleges and universities like Saint Joseph's, Temple, Drexel, La Salle, and Villanova. Each provides a well-stocked range of academic fields, an abundance of studied school staff, and a sizeable network of alums and mentors spanning the globe.

One of the benefits of campus life involves building friendships among peers, with many forming life-long partnerships. And every day at Pennsylvania colleges and universities, students interact with one another and become attracted to platonic or romantic pursuits. They exchange texts, phone calls, emails, and others and may eventually enter into "official" relationships. At times, however, signals get crossed, and what might be politeness on the part of one student is mistaken for genuine interest by the other.

More often than not, the worst that happens is a few uncomfortable exchanges, and every once in a while, one of the parties becomes slightly obsessive about the potential for a relationship. They make contact too frequently, their messages are too frantic or earnest, or they repeatedly attempt to make contact with the student in the classroom, workplace, gym, dining hall, dorm room, and everywhere in between. Unfortunately, it becomes stalking.

If you or a fellow Pennsylvania college student is involved in a stalking incident, the LLF Law Firm stands ready to help. Call us at 888-535-3686 or fill out our confidential consultation form now.

Stalking as a Crime Under Pennsylvania Law

In Pennsylvania, stalking occurs when a person engages in a course of conduct or repeatedly commits acts towards another person, including following the person without proper authority, under circumstances that demonstrate either:

1. Intent to cause substantial emotional distress to the other person.
2. Intent to place the other person in reasonable fear of bodily injury.

State legislation provides additional vital elements to be considered when weighing allegations. The following are used to qualify incidents:

• Course of Conduct: A pattern of behavior composed of more than one act that shows a continuity of purpose.
• Repeated Acts: Two or more acts demonstrating a continuity of conduct.
• Intent: The alleged act was committed to cause emotional distress or fear of bodily injury.
• Emotional Distress: A temporary or permanent state of mental anguish.

For a first-time offense for stalking, the Pennsylvania criminal justice system treats it as a first-degree misdemeanor. Penalties range from fines between $1,500 and $10,000 to a prison term of up to five years or both. However, other situations can raise the risk of increased sanctions.

Stalking is graded as a third-degree felony if the incident is the individual's second offense or the individual has been previously convicted of a crime of violence involving the same victim, family, or household member, including, but not limited to, the following:

• Simple assault
• Aggravated assault
• Reckless endangerment
• Kidnapping
• Rape
• Involuntary deviant sexual intercourse
• Protective order breach

A third-degree felony conviction increases the penalty to fines between $2,500 and $15,000, a prison term of up to seven years, or both.

Stalking in the College and University Context

In the context of campus life, stalking has slightly different definitions. Adopted by most institutions of higher education, the most prevalent is based on federal Title IX legislation, which is a set of laws and regulations designed to eliminate sex and gender-based discrimination in schools that accept federal funding (which includes nearly every college and university in Pennsylvania).

Schools typically adopt the Title IX definition of stalking to mean "engaging in a course of conduct directed at a specific person that would cause a reasonable person" to "fear for his or her safety or the safety of others" or "suffer substantial emotional distress." Since stalking is included in the types of conduct prohibited under Title IX, schools have implemented a set of policies and procedures designed to meet the requirements of the Title IX regulations. Nevertheless, the scope of the federal law changes with prevailing political winds. Despite its significance, Title IX is constantly in flux.

Changes to Title IX

During the Trump Administration, Title IX underwent profound changes from preceding rules under the Obama White House. Some requirements included the following:

• Live, in-person disciplinary hearings.
• Cross-examinations of witnesses and other parties.
• Additional protections for those accused under Title IX.

Effective August 1, 2024, however, many of those stipulations have been rolled back. Biden Administration changes to federal Title IX regulations have introduced significant adjustments to expand protections for some and clarify educational institutions' procedural requirements.

Key changes include broadening the definition of sexual harassment to encompass conduct that is "severe or pervasive," which now requires schools to address a broader range of misconduct. The standard of proof in Title IX cases has been revised, allowing institutions to choose between the "preponderance of the evidence" or "clear and convincing evidence" standards, depending on their policies. Schools are no longer required to hold in-person cross-examinations during live hearings. Additionally, the regulations now formally include protections for LGBTQ+ students by expanding the definition of "sex" to cover gender identity.

These changes reflect the Biden Administration's efforts to enhance protections for victims while ensuring that schools handle Title IX complaints fairly and consistently. Yet, some institutions of higher education have paused rule changes until injunctions are lifted—under the presumption they eventually will be. Like many in Pennsylvania, others are moving forward to implement parts of the regulations that haven't been contested in attempts to overturn the Title IX final rule.

This doesn't necessarily mean that schools will abandon a disciplinary proceeding if they conclude that a student's actions did not meet the Title IX stalking definition. Schools can choose to approach stalking from a Title IX perspective or a general code of conduct violation.

You May Face a Double Problem if Accused of Criminal Stalking

If someone at your Pennsylvania college or university files a stalking complaint and the school moves forward with charges, you face two problems.

1. Pennsylvania criminal proceedings in the county where the alleged incident took place.
2. School disciplinary proceedings from the institution where the alleged incident took place.

There are situations wherein students may come away without county criminal charges. However, that does not mean the same will occur with the school. The evidentiary standards and proceedings schools use to adjudicate breaches of the code of conduct are far lower than in a court of law.

Critically, few attorneys have experience defending students in these kinds of dual situations. The tactics used to persuade judges and juries in the courtroom often do not translate to school disciplinary proceedings where evidentiary standards and the burden of proof are much lower. Fortunately, the LLF Law Firm is well-known for its experience in front of judges and juries in court and negotiating with school administration officials to mitigate the severe consequences of misconduct.

Our team understands the high stakes involved when a student is accused of committing a crime, which will also affect their enrollment status at a Pennsylvania college or university (as well as those in other states). The LLF Law Firm is aware that resolving the criminal matter doesn't mean the disciplinary proceeding will go away, even if the criminal result is that the charges are dropped or that the student is acquitted. Our experience with these situations helps ensure that your rights, both as a citizen and as a student, will be respected and that you will be in the best position possible to defend yourself on both fronts.

Examples of Student Discipline Policies Related to Stalking

Temple University

Temple's Student Conduct Code defines stalking in two ways:

1. A Title IX-based characterization of "Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others; or suffer severe emotional distress."
2. Adoption of the statewide definition of stalking, where "one engages in an impermissible course of conduct…directly, indirectly, or through third parties," in a way prohibited by the Pennsylvania anti-stalking statute or if it interferes with a person's property.

Temple's code establishes what the school considers conduct, including "any gesture, written, verbal, or physical… email, text messaging, and Internet posting on websites or other social media that causes severe or pervasive distress."

Critically, the school also sets forth the geographic areas where the code applies. These include the following areas:

• Campus and areas within 500 yards of the campus
• University-owned or controlled vehicles
• School-sponsored activities

The school also adopts another vague and expansive point of jurisdiction over students. Temple claims that its rules apply to "off-campus incidents or conduct that adversely affect the university community and the pursuit of its objectives." This means that in some situations, Temple can pursue disciplinary charges against an off-campus student who makes contact with another off-campus student online, where that contact is reported to the school as stalking-type behavior.

Stalking at Temple University falls under its Preventing and Addressing Sexual Misconduct policy, which its Title IX office governs. Therefore, a separate set of rules and procedures applies compared to general misconduct. But even before those procedures conclude, Temple reserves the right to impose interim measures against an accused student, which include the following:

• Interim suspension
• University housing prohibition
• Issuance of a no-contact order with the parties involved
• Exclusion from class participation

Once a complaint is filed, a Title IX Coordinator reviews the initial facts to determine if the complaint falls under Title IX and not general misconduct. While the new rule changes, the school has a more flexible choice. In some cases, school authorities may offer informal means of discipline to resolve conflict between parties and the institution's grievances. Otherwise, a hearing process will occur when the accused student disputes the charges.

Notably, accused students have "the right to be assisted by any personal advisor they choose." This means that if you are accused of any code of conduct violation, such as stalking, you should contact an attorney with experience to help you.

Penn State University

Penn State's anti-stalking rules fall under the "Discriminatory Misconduct" category and adopt the stalking definition used in the Title IX process. Much like Temple, Penn State also uses a definition where stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

1. "Fear for their safety or the safety of others."
2. "Suffer substantial emotional distress."

When a student is accused of stalking, Penn State will follow a process similar to Temple's, which includes enforcing stalking rules regarding online activity. The school can use a voluntary informal resolution process, which is effectively a mediation procedure that may result in a resolution between the parties, including the complaint's dismissal.

Once formal charges are pursued by Penn State's Title IX Coordinator, an investigation will begin. While every situation is different, the school will have an imposing reach on what they can consider evidence. The investigation staff may collect and scrutinize any form of communication, including emails, text messages, phone calls, social media posts, and much more. After the Title IX Coordinator reviews the investigative reports, the hearing panel is assembled. Students are also permitted to select "an individual of their choice to serve as their advisor" during the Title IX disciplinary process, who has a right to be present for the hearing and related meetings.

Drexel University

Stalking at Drexel University falls under its Sexual Harassment and Sexual Misconduct Policy, and its definition is identical to Penn State's course of conduct that causes a reasonable person to fear for their safety or that of others or if they suffer substantial emotional distress. However, the school is different from Penn State in terms of defining the course of conduct.

Drexel's policy notes that the phrase "course of conduct" means "two or more acts, including, but not limited to, acts in which the stalker directly, indirectly or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property." Therefore, it is in close alignment with Pennsylvania's anti-stalking statute.

The investigative process for stalking charges falls under the school's Title IX policy and follows in many respects what other schools do. For instance, the following are still the same:

• Preliminary investigation
• Informal dispute resolution
• Formal investigation process
• Formal hearing

Most importantly, students accused of stalking have the opportunity to choose an advisor to help them throughout the process. Although an advisor may not represent the student or speak on their behalf, they are vital to ensuring fairness during grievance procedures, mainly when the hearing can be intense, considering the potential repercussions.

Hearing Process for Stalking Charges

Pennsylvania schools may refer to their disciplinary bodies by different names and different types of people, but most will proceed with similar steps. Below is an overview of the hearing process in most Pennsylvania schools classifying the act under their Title IX policy.

1. When the complainant must be present, the hearing panel will allow them to make an opening statement first.
2. The respondent will then provide their opening statement.
3. Both parties may present evidence during the hearing.
4. Members of the hearing panel (excluding the decision-maker of hearing officer) may ask questions to the complaint or the respondent.
5. Each party may or may not be allowed to cross-examine the other party (due to rule changes, but this will depend on the individual incident).
6. Both parties may give closing statements to the panel in an effort to persuade their final decision.

Within two weeks—many times shorter than that—the decision-maker or hearing officer will determine responsibility for the allegations, which may also include a majority vote from the hearing panel. Beforehand, institutions of higher education primarily used the "clear and convincing evidence" standard, but with the changes in the Biden Administration policy, the threshold has been lowered to a "preponderance of the evidence." This means that the hearing panel only has to be at least 50 percent convinced that the respondent is responsible for the allegations.

Exceptions to the Rule

Despite changes to Title IX, some schools in Pennsylvania are still not required to follow federal obligations due to their funding status. Religious colleges in Pennsylvania, like in other states, are eligible for exemptions from certain Title IX requirements if those requirements conflict with the institution's religious beliefs.

When it comes to stalking, while some colleges or universities may not have a dedicated Title IX office, they will still retain sexual misconduct and general misconduct policies. Therefore, the potential discipline will be different given the fact that the evidentiary standard may be higher than only a preponderance of the evidence in a given hearing.

Are Criminal Stalking Charges Serious?

As mentioned before, a conviction for criminal stalking in Pennsylvania is a first-degree misdemeanor for a first-time offense with fines between $1,500 and $10,000, which may include a jail sentence of up to five years. For a second or subsequent offense, stalking is graded as a third-degree felony, carrying with it fines between $2,500 and $15,000, a prison term of up to seven years, or both. But even after fines are paid and sentences are served, a stalking conviction can hinder many personal and professional opportunities.

While a first-time misdemeanor charge is unlikely to keep an individual from gaining employment, those with a felony on their record are excluded from many industries and occupations, such as the following:

• Education: Convicted felons are typically not hired for positions where they are surrounded by children, which puts teaching, college administration work, and volunteering opportunities at risk.
• Law Enforcement: Although volunteering may be allowed in some circumstances, ex-felons are excluded from employment as police officers, emergency responders, firefighters, and others.
• Financial Industry: With the scrutiny involved in becoming licensed to be a financial analyst, securities trader, or money manager, those convicted of felony stalking are unlikely to be hired by companies or allowed to sit for licensing exams.
• Medical Industry: While convicted felons may be able to retain their license to practice following some disciplinary and reinstatement procedures, ex-felons cannot obtain a license to practice medicine in any capacity.

No matter how stalking allegations or charges arise, you need to pursue the best defense when the Pennsylvania criminal justice system comes knocking on your door. Even if the court does not have enough evidence to convict and decides to dismiss the case, the consequences from college or university disciplinary boards remain.

The Effects of School Sanctions for Stalking

Although Pennsylvania's colleges and universities may not hand out jail time, there is no shortage of severe sanctions. While punishments may vary from school to school, each will have them listed in their code of conduct and will typically levy the following for substantiated stalking charges.

• Loss of Privileges: As a minimal punishment normally used in combination with others, it may involve withholding access to campus facilities, such as living in dormitories, participating in extracurricular activities, or using college resources.
• Probation: The student can stay enrolled but under certain conditions, such as not committing another violation, seeking counseling, and others that address the risk of reoccurrence.
• Restitution: Depending on the details of the case, the student may be obligated to provide some form of redress to the victim, like financial amends or acts of service to the community.
• Suspension: Students are barred from campus for a semester of an academic year and are often not allowed to take credits during the semester. They usually must meet certain conditions before being able to return.
• Expulsion: Permanent removal from the institution. Students who have been expelled will likely have trouble transferring to a new school if the expulsion is posted on their transcript.

The discipline from stalking charges can easily reverberate throughout a student's life. Following graduation, during the hiring process, many employers conduct background checks or enquire into records of rule violations. Severe offenses, especially ones like stalking, may cause a job application to go nowhere and even prevent one from rising in career rank.

Students suspended or expelled for stalking might experience significant financial hardship if they lose a scholarship or financial aid or are forced to pay back tuition for incomplete semesters. The impact of these measures will ripple far beyond the confines of college, affecting one's academic, professional, and social life. Despite urges to alter a situation alone to avoid discipline, students must understand that they have the opportunity for help no matter where they are in Pennsylvania or what institution of higher education they attend.

Can You Appeal Stalking Convictions?

For Pennsylvania students convicted on stalking charges in a criminal court or in a school disciplinary hearing, there are options for redress. Yet, there is a narrow bandwidth of requirements to fulfill before having the standing to do so.

To appeal school disciplinary decisions, parties have no more than five to seven days to file with the school. Moreover, it can only be pursued if one of the following occurs:

• Procedural irregularities affected the outcome of the hearing.
• New evidence emerged that was not reasonably available at the time of the decision.
• Members of the hearing panel or others involved in the grievance process presented a conflict of interest or bias against the complainant or respondent.
• Excessive punishment was given for the charges adjudicated.

It's important to note that technical problems resulting in a failure to record the hearing or an inaudible recording of the live hearing are not grounds for an appeal. After the appellate decision is given, which can modify, overturn, or affirm the discipline, the case is finalized.

Appealing a stalking conviction in criminal court is far more complex. The first step, ideally, is to contact the LLF Law Firm for professional help. Afterward, the following is generally how the process works:

1. Individuals must file a notice of appeal within 30 days of the conviction or sentencing in the county where the trial and charges originated.
2. Upon obtaining the trial transcript, individuals (presumably attorneys) will work to identify any legal errors that occurred during the trial, such as improper admission or exclusion of evidence or insufficient evidence to support the conviction.
3. An appellate brief, which includes detailed information regarding the grounds for appeal, is submitted to the appellate court.
4. In some cases, the appellate court may schedule an oral argument, where the attorneys for both sides convene before a panel of judges, who may ask questions and seek clarification on certain points.
5. After reviewing the briefs or hearing oral arguments, the appellate court will issue a decision affirming the conviction, reversing it, ordering a new trial, or remanding the matter back to the lower court for further proceedings.

If the appeal is denied by the Pennsylvania Superior Court, you may petition for an appeal to the Pennsylvania Supreme Court. However, the Supreme Court has discretion over which cases it chooses to hear.

If the direct appeal is unsuccessful, another option may be to file a petition under the Post-Conviction Relief Act. This process allows individuals to challenge their convictions based on claims such as newly discovered evidence or violations of constitutional rights.

The LLF Law Firm Can Help You With Stalking Charges

If you are a student who has been charged with stalking crimes in Pennsylvania, you need the help of a team of attorneys with experience in both student defense and criminal defense. As a student, especially if your accuser is a peer, you also need the help of an attorney who has advised students involved in school disciplinary proceedings. Fortunately, LLF Law Firm has an understanding of both arenas.

We have represented many students who find themselves in your shoes—charged with a crime and facing school discipline proceedings as a result. Even though an incident may be an initial stalking allegation or charge, it needs to be taken with the utmost seriousness. You may be frightened, confused, or ashamed to find yourself involved in it, but you're not the first one to face these kinds of difficulties.

The LLF Law Firm has worked with numerous students just like you. We understand how you're feeling and know what you're up against, with the potential for a criminal conviction, school discipline, and future repercussions. Most importantly, we stand prepared to help you defend yourself in a fair hearing and fair trial and will ensure that your rights are respected. To get started on your defense strategy, call LLF Law Firm today at 888-535-3686 or fill out our confidential consultation form, and we will reach out to you.